This electronic version is for your own personal use and may not be copied for the purposes of resale in this or any other form.
BILL NO. 33

                                              Government Bill

                 
                                                               
              3rd Session, 56th General Assembly
                         Nova Scotia
                   44 Elizabeth II, 1995-96

                 
                                                               
                                                               
                                                               
                                                               
                                                               
                                                               
                                                               
                                                               
                                                               
                     An Act to Implement
               the Agreement on Internal Trade




                          CHAPTER 8
                       ACTS OF 1995-96



                 
                                                               
                                                               
              The Honourable Robert S. Harrison
                 Minister responsible for the
             Nova Scotia Economic Renewal Agency,
              including Tourism Nova Scotia and
               the Nova Scotia Marketing Agency


                 
                                                               
                                                               
                                                               
                                                               
                                                               
                                                               
          AS ASSENTED TO BY THE LIEUTENANT GOVERNOR
                       JANUARY 11, 1996




                 
                                                               
                           Halifax
          Printed by Queen's Printer for Nova Scotia
                               
                               
                               
                               
                               
                      An Act to Implement
                the Agreement on Internal Trade



         Be it enacted by the Governor and Assembly as follows:


         1  This Act may be cited as the Internal Trade Agreement
Implementation Act.


         2  The purpose of this Act is to implement the Agreement
on Internal Trade between the Government of Canada and the
governments of all the provinces and territories of Canada and
thereby reduce or eliminate barriers to the free movement of
persons, goods, services and investments and promote an open,
efficient and stable domestic market to enhance the
competitiveness of Nova Scotia and Canadian businesses and
sustainable development.


         3  In this Act,

            (a) "Agreement" means the Agreement on Internal
         Trade between the Government of Canada and the
         governments of all the provinces and territories of Canada
         signed in 1994;

            (b) "minister", in respect of any provision of this Act,
         means the member of the Executive Council designated as
         the minister for the purpose of that provision pursuant to
         Section 7.


         4  This Act binds Her Majesty in right of the Province.


         5  For greater certainty, for the purpose of fulfilling any
of the obligations of the Province under the Agreement, nothing
in this Act, by specific mention or omission, limits in any
manner the right of the Legislature to enact legislation to
implement any provision of the Agreement.


                 IMPLEMENTATION OF AGREEMENT

         6  The Agreement is hereby ratified.


         7  (1) The Minister responsible for the Nova Scotia
Economic Renewal Agency, including Tourism Nova Scotia and
the Nova Scotia Marketing Agency, is the Minister responsible
for this Act and the Agreement, including the implementation of
the Agreement.

            (2) Notwithstanding subsection (1), the Governor in
Council may designate another member of the Executive
Council as the Minister for the purpose of this Act or any
provision of this Act.

         8  For the purpose of and subject to Chapter 17 (Dispute
Resolution Procedure) of the Agreement, the Governor in
Council may take such actions or measures in accordance with
the Agreement as the Governor in Council deems necessary.


         9  The Minister referred to in Section 7, or such other
member of the Executive Council as the Governor in Council
determines, is the representative of the Province on the
Committee on Internal Trade established pursuant to Article
1600 of the Agreement.


         10 The Province shall pay its portion of the annual budget
of the Secretariat referred to in Article 1603 of the Agreement,
in accordance with Annex 1603.3 of the Agreement, and shall
pay its portion of

            (a) the annual budget of a management board,
         corporation or other body established to be responsible for
         the management and administration of the Committee on
         Internal Trade and the Agreement; and

            (b) any costs or assessments awarded against the
         Province in government-to-government disputes pursuant
         to Chapter 17 (Dispute Resolution Procedure), Part A,
         Articles 1702 to 1710 of the Agreement.


         11 The Minister may appoint any person to a dispute
resolution panel from names on a roster of panelists, approved
by the Governor in Council, as required by Article 1705 of the
Agreement.


         12 The Governor in Council may, by order, appoint the
Ombudsman or another person to be a screener for the purpose
of Article 1713 of the Agreement and may appoint any person
to fill any position that may be necessary or advisable, in the
opinion of the Governor in Council, for carrying out the
purpose of the Agreement.


         13 A person appointed pursuant to Section 11 or 12 may
be paid such remuneration and expenses as are determined by
the Governor in Council.


         14 The Minister may appoint any person to be a
representative of the Province on any committee referred to in
the Agreement, other than the Committee on Internal Trade
referred to in Section 9.


         15 (1) Where a panel has made an award of costs in
favour of a government party to the Agreement against a person
in the Province under Chapter 17 (Dispute Resolution
Procedure), Part B, Article 1718(3) of the Agreement, the
government party entitled to the award may file a certified copy
of that award with a prothonotary of the Supreme Court of
Nova Scotia and, upon being so filed, that award has the same
force and effect as if it were a judgment of the Supreme Court.

            (2) Where a panel has made an award of costs in
favour of a person against the Province under Chapter 17
(Dispute Resolution Procedure), Part B, Article 1718(3) of the
Agreement, the award has the same force and effect regarding
payment as a proceeding against the Crown and as a certificate
issued pursuant to Section 20 of the Proceedings Against the
Crown Act.


         16 Notwithstanding any enactment, the Governor in
Council may give directions to those entities referred to in
Chapter 1, Article 102 of the Agreement for the purpose of
implementing the Agreement or any provision of the Agreement.


                   CONSEQUENTIAL AMENDMENTS

         17 Notwithstanding any enactment, a person from another
province who holds an Inter-provincial Standards (Red Seal)
Program qualification shall be recognized as qualified,
certified or licensed to work in the Province in the trade or
occupation covered by the qualification by the officer, body or
authority that regulates the trade or occupation in the
Province.


         18 Section 22 of Chapter 70 of the Revised Statutes, 1989,
the Civil Service Act, is amended by striking out "or have
resided in the Province" in the fourth line and substituting "in
Canada".


         19 Subsection 5(3) of Chapter 257 of the Revised Statutes,
1989, the Lightning Rod Act, is amended by striking out "the
Province" in the first and second lines and substituting
"Canada".


         20 Subsection 112(1) of Chapter 18 of the Acts of 1990,
the Mineral Resources Act, is amended by adding "to any place
outside of Canada" immediately after "Province" in the second
line.


         21 Subsection 6(2) of Chapter 384 of the Revised Statutes,
1989, the Real Estate Brokers' Licensing Act, is repealed and
the following subsection substituted:

            (2) No license shall be issued under this Act to any
         person who does not, at the time of the application for a
         license, maintain an office or an agent for service in the
         Province.


         22 (1) Clause 3(1)(ab) of Chapter 504 of the Revised
Statutes, 1989, the Wildlife Act, is amended by striking out
"resident" in the first line and substituting "person who meets
the qualification requirements set out in the regulations and".

            (2) Subsection 55(1) of Chapter 504 is repealed and
the following subsection substituted:

                (1) The Minister may license as a guide a person
            who meets the qualifications set out in the regulations
            or the Minister may issue a special permit to authorize
            a person to act as a guide.

            (3) Subsection 57(3) of Chapter 504 is amended by
striking out "resident" in the second line and substituting
"guide".

            (4) Clause 113(1)(ao) of Chapter 504 is amended by
adding "qualifications and" immediately after "the" in the first
line.


         23 This Act has effect on and after July 1, 1995.